NOORJAHAN Vs. STATE OF KARNATAKA BY ULSOOR POLICE

JUDGEMENT

(1.) THE appellant has challenged the conviction and sentence for the offences punishable under Sections 498 -A and 304 Part II IPC and Sections 3 and 4 of the Dowry Prohibition Act (hereinafter referred to as 'the Act' for short) on a trial held by the Fast Track Court, Bangalore City. The facts relevant for the purpose of this appeal are as under: The appellant is the mother -in -law of Tabasum (the deceased). Tabasum married to Khasim Ali the son of the appellant one and half years prior to the incident. Through the wedlock she has a male child. At the time of marriage, the prosecution alleges that a sum of Rs. 10,000/ - cash, gold chain and rings were given as dowry. After the marriage she was subjected to cruelty and harassment on the ground that sufficient dowry was not given at the time of the marriage and the appellant is said to have been insisting her to bring some more gold and cash. The husband of the appellant was not happy with the attitude and conduct of the appellant - his mother. On 15.6.2000 the hair removing ceremony of the son of the deceased was to be held at Gulbarga and at that time the appellant is said to have insisted the parents of Tabasum to bring gold chain, clothes etc., as a gift in the said ceremony. But, Asifa the eldest sister of deceased Tabasum was not well, the parents of the deceased and the family members did not attend to the ceremony. After return from Gulbarga the deceased was subjected to cruelty and harassment on the ground that nothing was given during the ceremony. Even she was not allowed to go to her parents home to see her eldest sister Asifa who was not well. It is alleged that the appellant instigated her husband to abuse Tabasum (the deceased).

(2.) ON 29.5.2000 at about 8.30 a.m. it is alleged that the deceased was boiling water on the stove and when she was near the stove, the appellant is said to have pushed her, thereby the deceased fell on the stove and the kerosene can also fell down, and she caught fire due to the kerosene spread on the ground. She suffered burns and the husband of the appellant and others came and extinguished the fire. Ultimately she was taken to the hospital for the purpose of treatment. At the first instance she was taken to Victoria Hospital and later to Medi Home Hospital. On 2.6.2000 the deceased died due to the burns.

(3.) DURING the course of investigation the spot mahazar Ex. P1 was held and under the said mahazar MO. 1 - Stove, MO. 2 - burnt clothes were seized and the statement of the witnesses were recorded. On the death of Tabasum, an inquest was held on the body of the deceased by the Taluka Executive Magistrate. The seized articles were sent to the opinion of the experts. The report was collected and on completion of the investigation, a charge sheet came to be laid against the appellant and her husband accused No. 2.